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I have under 10,000 in debt and want to apply for for bankruptcy but I am on disability, creditors are calling can't do payment please give advise!
answered on Jul 23, 2017
The fact that you are on disability would not prevent you from filing bankruptcy. You do need to see a bankruptcy lawyer to review your assets and see if you have any property that a bankruptcy trustee might take from you. It is also a small amount of debt to file bankruptcy on so a lawyer may be... View More 
I bought stuff 3 month ago and want to know if I can apply for bankruptcy total about ($9500) in debt was consolidating but can't do it. Please let me know
answered on Jul 22, 2017
Yes, you can. The only thing with Disability is that is may or may not be part of your Means Test depending on the type of Disability. As for the purchases 3 months ago, it depends on what was purchased. If it was big ticket items, it may be seen as luxury and therefore not dischargeable, but you... View More
Been on disability for 10 years can I apply, someone told me I couldn't is that true
answered on Jul 21, 2017
Hello. There is nothing in the limited facts that you have provided that would prohibit you from filing for bankruptcy. Perhaps the person who told you that was referring to the fact that your creditors likely cannot take your disability income from you to pay the debts--as such, if that is the... View More
answered on Jul 28, 2017
Based on the few facts that have been provided, I don't see any reason that you couldn't file. Outside of a prior bankruptcy filing there is not a whole lot that precludes you from filing at all. What you face more often would be problems with being able to keep property, problems with... View More
Was not able to pay do to illness And excessive doctors appointments that cost too much. I'm on disability only.
answered on Jun 20, 2017
You should wait at least 90 days for big purchases, if normal everyday things 30 days
Also, will this affect my credit?
answered on Jun 14, 2017
Probably will come after you on the deficiency after they repossessed the vehicle.
answered on Jul 21, 2017
If you have already filed for bankruptcy, then why are you concerned about cashing a check? If the check was paid to you after the bankruptcy, then arguably it is not part of your chapter 7 bankruptcy estate at all. Now, if it is a payment for something you were owed before you filed, then it... View More
I have an unsecured line of credit I defaulted on. They have not taken me to court to receive a judgement yet. I have only received letters from a lawyer stating they are going to proceed. Can I bankrupt out of this debt or do I have to wait until a court grants them a judgement?
answered on Jun 9, 2017
You do not have to wait until they obtain a judgment. Contact a local bankruptcy attorney and schedule a consultation. You need to know your options before you can make a decision on how to deal with the debt. Some individuals would file bankruptcy to discharge a $1,500 cable bill while others... View More
Auto loan
answered on May 12, 2017
The court's do not like having two separate bankruptcy cases open by a single debtor at one time. That said, filing a new chapter 13 case will impose a new automatic stay. Or, if you convert your existing Chapter 7 case to a Chapter 13 case, that would be a new order of relief and a new... View More
answered on Jul 21, 2017
Okay, so your question is directly related to the difference between a Chapter 7 bankruptcy and a Chapter 13. A Chapter 7 bankruptcy is a "liquidation"-type filing. All of your dischargeable debt is liquidated, meaning it is discharged and the creditors can no longer collect on it. You... View More
My Ch. 7 BK closed in Aug of '16. My '16 refund was filed in Feb of '17. The trustee had my federal refund sent directly to him and is still requesting my state refund be sent. If the BK is closed, why would he be able to hold those funds and what would they be used for?
answered on Jul 21, 2017
A tax refund for the 2016 tax year would represent an overpayment of taxes throughout that year. As such, you were "owed" that money, or at least a portion of it, as of the time of your filing, which makes it part of your bankruptcy estate. The trustee would use any such estate funds to... View More
I am 73, literally own almost nothing, and my only income is Social Security. By living extremely frugally, and spending what other savings I had, I've been able to accumulate over $5,000 of SS payments in a bank account. The SS money has never been commingled with other money.
If I... View More
answered on Feb 2, 2017
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for... View More
My husband wanted to file bankruptcy, but he heard in the state of AZ that the debts will just be transferred to the other spouse. However, in a divorce, if I convince him to take all of our debt, is he able to file bankruptcy on all of the newly acquired debt? Or is there some law that states... View More
answered on Oct 5, 2016
He won't acquire any debt during the divorce. Even if he assumed all of the *community* debt, that's debt he's already responsible for at this time. The family court can't transfer any of your sole and separate debt to him.
He can declare bankruptcy but for jointly... View More
answered on Feb 21, 2016
More info is needed to answer. Talk to a bankruptcy lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to... View More
my TCF checking account is overdrawn 900 dollars in several returned checks from several different retail stores. i am also 22,000 dollars in debt with out making minimal payments. my concern however is with the TCF bank and the bad checks. I also have a criminal history with 2 prior historical... View More
answered on Nov 23, 2015
Although overdraft fees are an unsecured debt, the bankruptcy law specifically excludes NSF checks from being discharged. You should list the debt in the bankruptcy schedules anyway, but most likely the debt will survive. Also, if the NSF check is not made good quickly, the store MAY submit it... View More
I have a little over $14k in debt, divided uo between 11 collection accts. The highest being a little over 1k to school, 8k for a car repo, and 2k for broken lease. I currently make $30k annually before taxes, I have a car payment and other household bills my boyfriend and I share, I'm afraid... View More
answered on Nov 8, 2015
There are legal, financial and personal preference aspects to your question. Best to sit down with a bankruptcy lawyer and go through the details and options.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general... View More
We researched a few contractors through the Registrar of Contractors (in AZ), their references, BBB,years operational and online reviews. After choosing one we gave a deposit by check (as that is all they took); five days later they stopped answering emails. We were on a scheduled vacation and upon... View More
federal loan
answered on Sep 7, 2015
Basically, no. But a complete review is necessary to determine the answer. You can go bankrupt on student loans in very, very limited circumstances. Go get advice from a bankruptcy attorney about this.
answered on Aug 1, 2015
No question presented. Talk to a bankruptcy lawyer for assistance.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your... View More
Note from mortgage refi people:
Bankruptcy and reaffirmation of WF mortgages
If WFHM was included in Chapter 7 bankruptcy, must have valid reaffirmation agreement (the schedule showing ‘intent’ to reaffirm is not sufficient) or court order approving the refinance by confirming... View More
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